Justice Amir Farooq Monday recused himself from hearing a petition regarding disqualification of Chairman Pakistan Tehreek-e-Pakistan (PTI) Imran Khan under Article 62 of the Constitution and referred the matter to the IHC chief justice for constituting another bench. A single-judge bench of IHC comprising Justice Amir Farooq after hearing the arguments on Hafiz Ihtesham Ahmed's petition reserved the judgment, which he announced after four hours wherein he recused himself from hearing the case.
Ihtesham, who has filed a petition in his personal capacity, argued that the PTI chairman had filed the nomination papers from five constituencies of National Assembly, NA-26 Bannu, NA-53 Islamabad, NA-95 Mianwali, NA-131 Lahore, and NA-243 Karachi.
He submitted that Imran Khan has sworn false declaration to the effect that he fulfills the qualification under the Article 62 of Constitution and is not subject to disqualification given in the Article 63. He said the PTI chairman should be disqualified under Article 62(1)(d)(e)(f) and (g) of the Constitution.
He contended that the Supreme Court in the case of Imran Khan vs Nawaz Sharif (PLD 2017 SC 265) has delivered judgment that the declaration in terms of the Article 62(1)(f) can be made by the superior court.
Ihtesham argued that he is not desirous to indulge in the life of an elected member of the National Assembly, but was compelled to do this for the supremacy of Constitution and law, particularly in view of the apex court's judgment in the Imran Khan vs Nawaz Sharif case.
He further argued that in the presence of the documents, the IHC should summon Imran Khan to answer "whether or not Tyrian Khan White is his love child from his girlfriend - Anna Luisa (Sita) White."
He said Section 13 of CPC is meant for execution and implementation of the certified judgment following the judgment in Nawaz Sharif case. He stated that Imran Khan has filed a wrong declaration in the past and has been concealing again that Tyrian Jade is his illegitimate daughter.
Ihtesham further argued that the court should not allow Imran Khan to hold public office, as he has not only cheated the public but also the Election Commission of Pakistan. "Imran Khan could not be termed as sagacious, righteous, non-profligate, honest and Ameen as per the Article 62(1)(f)," he said.
Justice Amir Farooq questioned whether till date Imran Khan is not public office holder. The petitioner contended that he has been elected from five constituencies. The judge further asked whether the ECP has issued notification of his victory. The judge said how the victory of PTI chairman can be challenged before the notification by the ECP.
Ihtesham replied that a petition regarding the same issue is pending before the IHC wherein this court has issued notices to the respondents.